Disposition of Firearm, Ammunition or Explosive in Custodia Legis
OCA Circular No. 47-98, issued on September 11, 1998, instructs judges and clerks of various Philippine courts regarding the proper disposition of firearms, ammunition, or explosives in their custody. It reiterates that such items should only be turned over to the appropriate authorities—either the nearest Constabulary Command or the Firearms and Explosives Unit—after the conclusion of related legal cases. The directive emphasizes strict compliance with this procedure to ensure proper handling and accountability of these items. The circular serves as a reminder to all concerned parties about existing protocols for managing firearms used as evidence in court.
Law Information
- Reference Number
- OCA Circular No. 47-98
- Date Enacted
- Category
- Supreme Court Issuances
- Subcategory
- Office of the Court Administrator Circulars
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
September 11, 1998
OCA CIRCULAR NO. 47-98
| TO | : | All Judges and Clerks of Courts of the Regional Trial Courts, Shari'a District Courts, Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, Municipal Circuit Trial Courts and Shari'a Circuit Courts |
| SUBJECT | : | Disposition of Firearm, Ammunition or Explosive in Custodia Legis |
In an earlier issuance (CIR No. 2 dtd. 5/13/83), the Court directed all clerks of courts "to turn over, effective immediately, to the nearest Constabulary Command all firearms in your custody after the cases involving such firearms shall have been terminated. In Metro Manila, the firearms may be turned over to the Firearms and Explosives Unit at Camp Crame, Quezon City, while in the provinces, the firearms may be turned over to the respective PC Provincial Commands."
Recently, Roberto T. Lastimoso, Police Director, Acting Chief, PNP — Chairman, National Law Enforcement Coordinating Committee, requested that PNP CIR. NO. 5 Par. 6 (7) dtd. September 5, 1994, which reiterates in substance the preceding directive, be given widest dissemination to all courts.
In response, we are reproducing the pertinent portion of said Circular, as a reminder and for the information and guidance of all concerned:
"7. Firearms being used as evidence in courts will only be turned-in to FEO (now Firearms and Explosives Division) upon the termination of the cases or when it is no longer needed as evidence."
Strict compliance herewith is enjoined.
September 11, 1998
(SGD.) ALFREDO L. BENIPAYOCourt Administrator
Cite This Law
Disposition of Firearm, Ammunition or Explosive in Custodia Legis, OCA Circular No. 47-98, Sep 11, 1998 (Philippines)
Disposition of Firearm, Ammunition or Explosive in Custodia Legis, OCA Circular No. 47-98 (Phil. 1998)
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